The Local Government and Communities Committee wants your views on a new Bill about travelling funfairs. This call for views runs until 7 December 2020.
The Travelling Funfairs (Licensing) (Scotland) Bill is a Member’s Bill introduced by Richard Lyle MSP on 29 April 2020. A Member’s Bill is introduced by an individual MSP, not the Scottish Government. You can read the Bill and accompanying documents here. Richard Lyle believes that is often too difficult and too expensive to get a licence for a travelling funfair and that this has put the whole sector at risk. He wants to make the system simpler across Scotland. He also wants to make it more uniform, meaning that councils will not take significantly different approaches.
Richard Lyle believes that the current licensing system puts at risk the way of life of showpeople. These are the families who have traditionally put on funfairs around the country, often over several generations. He hopes the Bill will help the community have a more viable future.
Travelling funfairs are currently licensed under the Civic Government (Scotland) Act 1982. The 1982 Act allows local authorities to issue “public entertainment licences” Licences may be temporary (up to 6 weeks) or full (up to three years). Funfairs are amongst several types of public entertainments subject to these licensing rules.
It’s a key feature of the current system that councils may take different approaches. The policy memorandum and financial memorandum that Richard Lyle has published to accompany the Bill set out information about these different approaches, including on fees. One council says it charges £50 per temporary licence. Another applies a sliding scale, in one case charging over £6000. One council indicated it had banned travelling funfairs.
The Bill begins with the following key provisions:
Most of the rest of the Bill concerns the new licensing regime. This includes—
A key provision that the fee for a licence is to be £50. It can be revised upwards in future years but only in line with inflation.
The call for view closes on 7 December.
Between now and the election next Spring, the Committee and the Parliament expect to have a very full work schedule, especially taking account of the ongoing impact of Covid-19.
Any proposal for new laws requires very careful consideration and there is a possibility the Bill might fall when the election is called. The Committee undertakes to consider carefully all written submissions received on the Bill and to decide on next steps by early in the New Year.
The Committee wants to hear what you think about the Bill. You can answer as many of these questions as you want. Please give reasons for your answers where possible, bearing in mind that it might be possible to make some changes to the Bill as it goes through the Scottish Parliament.
The Covid-19 crisis has massively impacted the leisure industry, including funfairs.
It’s relevant to take the current situation into account in expressing views. However, the Committee is also looking ahead to a point when the virus is hopefully contained. We want to know whether the Bill will be good for the long term.
Our questions for you
A key way in which the Bill seeks to achieve this overall aim is to create a uniform approach, meaning that councils must all follow the same rules. (The current law allows councils to take different approaches to licensing travelling funfairs.) In answering question 1, you may wish to express a view on whether you agree that this is the best approach or that it is necessary to achieve the aims of the Bill.
Are you satisfied that these provisions give councils the right level of control and choice over the licensing process?
Please submit you views using the online submission form, linked to below.
The call for views closes on 7 December.
We welcome written views in English, Gaelic, Scots or any other language.
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